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Patna High Court

Sanchita Devi @ Sujita KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and conditions under Section 482(2) of the B.N.S., 2023.

Summary

The petitioners, Sanchita Devi and Chandan Mahto, sought anticipatory bail fearing arrest in a murder case (Inarwa P.S. Case No.104 of 2025) originally filed under Section 137(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, later charge‑sheeted under Sections 103(1), 238, 61(2) read with Section 3(5). The prosecution alleged that the informant’s daughter was murdered and that a co‑accused, Dipendra, confessed to strangling the victim on the advice of the petitioners. The petitioners contended that they were falsely implicated, that the only incriminating material was the co‑accused’s confession (which lacks evidentiary value), and that they have clean antecedents. The State opposed the bail. Considering the nature of the allegations, the petitioners’ clean record, and the fact that similarly situated co‑accused had been granted anticipatory bail, the Court ordered anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2).

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations and the confessional statement of a co‑accused.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • evidentiary value
  • clean antecedent
  • B.N.S. 2023
  • murder
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20294 of 2026
                   Arising Out of PS. Case No.-104 Year-2025 Thana- INARWA District- West Champaran
                 ======================================================
           1.     Sanchita Devi @ Sujita Kumari W/o Chandan Mahto @ Chandan Prasad
                  R/o Village- Jabdi, P.S- Bhangaha, Dist.- West Champaran.
           2.     Chandan Mahto @ Chandan Prasad Kushwaha S/o Raja Prasad Kushwaha
                  R/o Village- Jabdi, P.S- Bhangaha, Distt.- West Champaran.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pratik Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Rajendra Singh Shastri, A.P.P.
                 For the Informant        :       Mr. Bimlesh Kumar Pandey, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   15-04-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioners apprehend their arrest in connection

                   with Inarwa P.S. Case No.104 of 2025 originally instituted

                   under Sections 137(2) of the B.N.S., 2023, however, after

                   investigation the police submitted charge sheet under Sections

                   103(1), 238, 61(2) read with Section 3(5) of the B.N.S., 2023.

                                3. As per the prosecution case, the marriage of

                   daughter of informant was solemnized with co-accused

                   Dipendra about 14 years back and out of the said wedlock 4

                   children were born. It is alleged that on account of matrimonial

                   dispute, his daughter came to her parental home but went back

                   to her matrimonial home on 12.07.2025. It is further alleged that

                   till 17.07.2025 the informant was not able to contact his
Patna High Court CR. MISC. No.20294 of 2026(2) dt.15-04-2026
                                            2/3




          daughter, therefore, he came to her matrimonial home to enquire

          about her, but he was informed that his daughter had gone back

          to her parental home on 17.07.2025, thereafter a search was

          made but the victim could not be traced.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that petitioner no.1 is married sister-in-

          law and petitioner no.2 is brother-in-law of the deceased who

          have no concern with the day to day affairs of the deceased and

          her husband. Learned counsel submits that during the course of

          investigation, the alleged dead body of victim was recovered

          and co-accused Dipendra was arrested who confessed that he

          had strangulated the victim on aid and advice of accused

          persons including the petitioners. He further submits that there

          is no recovery on the basis of confessional statement recorded

          by the police in police custody having no evidentiary value.

          Learned counsel submits that except the confessional statement

          of the co-accused, there is no material against the petitioners.

          The husband and father-in-law of victim are in judicial custody.

          He further submits that similarly situated co-accused persons

          have already been granted anticipatory bail by the Co-ordinate

          Bench of this Court vide order dated 09.04.2026 passed in Cr.
              Patna High Court CR. MISC. No.20294 of 2026(2) dt.15-04-2026
                                                          3/3




                        Misc. No.17065 of 2026. He further submits that petitioners

                        have got clean antecedent and they undertake to cooperate in the

                        trial of the case.

                                     5. Learned A.P.P. for the State and learned counsel for

                        the informant opposes the prayer for anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioners as well as

                        their clean antecedent and the fact that similarly situated co-

                        accused persons have already been granted anticipatory bail, in

                        the event of arrest or surrender before the Court below within

                        six weeks from today, the petitioners be released on bail upon

                        furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                        each with two sureties of the like amount to each to the

                        satisfaction of the learned Additional Sessions Judge-Ist-cum-

                        Special Judge (SC/ST) Bettiah, West Champaran/ concerned

                        Court in connection with Inarwa P.S. Case No.104 of 2025,

                        subject to the conditions laid down in Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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